Livestock Facility Siting. Chris Clayton Division of Agricultural Resource Management

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1 Livestock Facility Siting Chris Clayton Division of Agricultural Resource Management

2 Livestock siting law & rule Livestock siting is a local program Local governments have a choice to regulate Siting permits are locally issued and enforced Local permits are based on uniform statewide standards and process ATCP 51 enacted in 2006

3 Livestock siting law & rule Adopt siting authority through local ordinance Zoning Licensing Siting works through local planning and zoning Local governments may use planning and zoning to manage land uses Special rules for restricting livestock operations in agricultural zones Livestock siting is an operations ordinance

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5 Permit thresholds Covers production agriculture: cattle, swine, poultry, sheep, goats Starts at 500 Animal Units 357 milking cows 1,250 pigs 50,000 layers Special conditions for expansions

6 Siting standards Standard Setbacks for Structures Odor Management Waste and Nutrient Management Waste Storage Runoff Management -- Animal Lot -- Feed Storage Covered by CAFO permits No No Yes Yes Yes Yes

7 Setbacks Property line and road setbacks foot maximums depending on size 350 feet for manure storage Water quality and well setbacks

8 Odor management Applies to new facilities over 500 AU and expanding facilities over 1000 AU Predicts odor from manure storage, housing, and animal lots Credits odor control practices Addresses distance from neighbor

9 Nutrient management standard Land applications of waste must comply with NRCS 590 nutrient management standard The siting application accounts for: Amount of waste generated Facility s storage capacity Percentage of waste to be land applied Acres available for land application Signed by qualified nutrient management planner

10 Waste storage standard If new, meet design and construction standards If existing, certify not leaking or failing, or abandon properly Certify capacity Signed by licensed engineer or practitioner

11 Runoff management standard Animal lots Control runoff Feed storage 70% moisture Control runoff Incorporates nonpoint runoff standards and prohibitions

12 More stringent local standards Can implement if: Adopted in ordinance Based on scientifically defensible findings of fact Justified by public health and safety State approval required if more stringent standards are related to water quality (s , Wis. Stats.)

13 Adopting more stringent ordinances Requirement Justification Livestock Perf. Stds/Prohibs. (s ) Needed to achieve water quality standards Livestock Facility Siting (s ) Necessary for public health and safety Supported by scientific findings of fact State approval Yes No Code NR ATCP ATCP 50.60

14 Standardized process Required state application Decision-making timeline 45 days for completeness determination 90 days for decision Record of decision including approval or denial in writing $1,000 maximum fee

15 Review of permit applications Presumption of compliance Local government may request documentation To substantiate the nutrient management checklist in the application To confirm acreage available for manure spreading Local government must Record decision-making Issue a written decision Include findings of fact in the decision

16 Takeaways Siting affirms local control Siting limits use of local control Standardizes livestock siting adoption and administration Standardizes the authority to impose conditions when issuing a permit Permit cannot be used to cap livestock facility size Options to consider Adopt more stringent standards under siting Monitor compliance Update manure storage ordinance Use planning and zoning to address land uses

17 Siting law The law includes special requirements for zoned agricultural districts Local ordinance can exclude or cap the size of a livestock operation if Another ag district (e.g. A-1) allows livestock operations of all sizes Exclusion is based on reasonable and scientifically defensible findings of fact necessary to protect public health and safety

18 Zoning districts, not permits, can be used to cap facility size 1000 AU Cap NO Cap 500 AU Cap

19 Questions? Chris Clayton Richard Castelnuovo DATCP Website livestocksiting.wi.gov